Pawan v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant Pawan in a case under Section 8/20 of the NDPS Act for furnishing a personal bond and two local sureties subject to specific conditions regarding evidence tampering and witness pressure.
What did the court decide?
Applicant granted bail on furnishing a personal bond and two local sureties subject to standard conditions.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9328 of 2022
Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.253 of 2021, under Section 8/20 of NDPS Act, P.S. Kotwali, district Etawah.
On 10-06-2021 an F.I.R.was lodged against six persons by S.H.O. alleging that the aforesaid persons were going on two vehicles i.e. Eicher Canter and Ertiga and the applicant was sitting in Ertiga from which three plastic bags were recovered. Each bag contains six packets of Ganja and each packet contained 5kg Ganja .
The submission of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. The alleged recovery is false and there is no public witness of the alleged recovery whereas recovery has been made from a main road where public witness can easily be found. It is further submitted that co-accused persons Dinesh, Manveer and Ravindra Kumar @ Ravi have already been granted bail by this court vide orders dated 02-02-2022, 02-022022, and 09-02-2022 passed in Criminal Misc. Bail Application Nos.32397 of 2021, 33637 of 2021 and 42118 of 2021 respectively. It is next contended that the applicant is in jail since 11-06-2021 having no criminal history to his credit and in case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the case under the NDPS Act.
Parties & counsel
- applicant
Pawan
Coram
Subhash Vidyarthi
Pankaj Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9328/2022
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